R.VISWANATHAN @ MGR VISWANATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner/Party-in-Person, claiming himself to be the founder of 'MGR Makkal Katchi' recognised by the Election Commission of India, New Delhi, in 2018, has contested in Ambattur Assembly Constituency, Thiruvallur District, in Tamil Nadu Assembly General Election in 2016 and in 2017, contested in Tamil Nadu bye-election for Dr.Radha Krishnan Nagar (R.K.Nagar) Constituency, Chennai, as a candidate of his earlier political party, namely 'Anaithulaga MGR Makkal Munnetra Kazhagam.

(2.) According to the Petitioner/Party-in-Person, he filed the nomination papers to contest in two constituencies, namely, (i) 2, North Chennai Parliamentary general constituency and (ii) 12, Perambur Assembly Chennai constituency. Last date for filing of the nominations, was 26.03.2019, at 3 p.m. Petitioner/Party-in-Person has contended that the Returning Officer of the above constituencies, received his nomination papers but did not receive the deposit amount of Rs.25,000/- and Rs.10,000/-, respectively, instead they asked him to wait for some time beyond 3 pm.

(3.) About 4 pm, the Returning Officer, No.2 North Chennai, Zone 5, Chennai Corporation, Chennai, the fourth respondent herein, has issued Token No.11 to the Petitioner/Party-in-Person and thereafter, about 4.45 pm, the Returning Officer, refused to accept his deposit amount, without assigning any reasons.